I read this thread and article and think how this thinking/changing could apply to other products. Within the IT home/use realm.
I had an experience a few years ago buying several high power UPS for home use. I got them home, read the Warranty Agreement and thought it was ok, so I began installing them where I had planned. These were not inexpensive at all. One failed and I spoke to the store manager who said that it was over 30 days and I had to pursue the Warranty with the vendor.
I called the vendor, went through a number of questions. I had worked out a list of what was plugged into it, the burden, etc and sent it along with the filing. I had only burdened the UPS 45% if all devices were on at once. It gave me a conservative protection in time and any reasonable spikes that might occur. The vendor offered to repair their product but to do it, I would have to surrender any future warranty claims. That wasn't in the agreement and I said so. I did not file for the warranty repair. I questioned their product quality and warranty (which I considered to be part of the cost I paid for the product. Warranties aren't free.) I had a $1000 UPS sitting dead, and maybe 15 more wondering if they were lemons too.
I tried to escalate my concerns and got to a VP in that company and not only got a refusal, but pretty indignant attitude. (More than indignant. But seriously nasty and in writing.) I explained that I felt that this was a breach of contract in my mind and that I'd need to learn more.
I was stuck.
I began to get calls from a lawyer representing the vendor. But I didn't respond immediately. Getting calls from a vendors lawyer, I felt I needed some help and advice with Consumer Protection.
I live in DC, bought them in Maryland and the company was in another state. This allowed me to file complaints with full details to the FTC, Maryland Attorney General, the BBB and that state's Attorney General.
I had planned a second mailing to all the companies the vendor used on their web-site who were customers willing to be known to be consumers of the companies UPS. But I held that back.
In a news article I found the name of the companies president and using the format of the VP's email, I emailed the complaints and the indignant email from the VP. I copied it to the Store (corporate and the chain) where I made this purchase and explained that the vendor didn't honor their warranty unless I would agree to void it to get warranty service. If the product was a lemon or they wouldn't honor the warranty I paid for in the purchase, I wanted to return them all.
I waited for all the filings to be done. And whatever emails that might have been exchanged between the resellers and the vendor. I never heard back from that president. but got an apology from the VP, voice and in writing. And an offer to replace the UPS without modifying my warranty.
I sent the letter to all the agencies to ask advice. Could I trust this not be to a 1 time offer if others fail. I waited for answers and the VP started to contact me periodically to get me to accept the offer. She increased the offer to advance ship a replacement and send a vendor-paid shipper. The lawyer kept leaving messages.
Once I got the answers from the agencies I accepted the offer and everything was fine.
After all that business was done I did take a call from the lawyer. I can't remember why he started to call, but it wasn't for any bad reason. But the filings from the agencies made it more visible. He asked for my help to close all the open cases as some needed the complaintant's agreement that the situation was solved in a satisfactory manner to close them.
If the court is going to get into EULA's, will they get into Warranties too?
The reason I wrote all this out is, if the courts interpretation of EULA's change, it's a modification of the rights we purchased, known/understood, at the time of sale.
If everyone who is effected by a re-interpretation of EULA's for software they already own file Consumer Protection complaints, would this influence the circuit courts or future courts decisions?
randy
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Warranty Legal Agreement change imposed after sale
I read this thread and article and think how this thinking/changing could apply to other products. Within the IT home/use realm.
I had an experience a few years ago buying several high power UPS for home use. I got them home, read the Warranty Agreement and thought it was ok, so I began installing them where I had planned. These were not inexpensive at all. One failed and I spoke to the store manager who said that it was over 30 days and I had to pursue the Warranty with the vendor.
I called the vendor, went through a number of questions. I had worked out a list of what was plugged into it, the burden, etc and sent it along with the filing. I had only burdened the UPS 45% if all devices were on at once. It gave me a conservative protection in time and any reasonable spikes that might occur. The vendor offered to repair their product but to do it, I would have to surrender any future warranty claims. That wasn't in the agreement and I said so. I did not file for the warranty repair. I questioned their product quality and warranty (which I considered to be part of the cost I paid for the product. Warranties aren't free.) I had a $1000 UPS sitting dead, and maybe 15 more wondering if they were lemons too.
I tried to escalate my concerns and got to a VP in that company and not only got a refusal, but pretty indignant attitude. (More than indignant. But seriously nasty and in writing.) I explained that I felt that this was a breach of contract in my mind and that I'd need to learn more.
I was stuck.
I began to get calls from a lawyer representing the vendor. But I didn't respond immediately. Getting calls from a vendors lawyer, I felt I needed some help and advice with Consumer Protection.
I live in DC, bought them in Maryland and the company was in another state. This allowed me to file complaints with full details to the FTC, Maryland Attorney General, the BBB and that state's Attorney General.
I had planned a second mailing to all the companies the vendor used on their web-site who were customers willing to be known to be consumers of the companies UPS. But I held that back.
In a news article I found the name of the companies president and using the format of the VP's email, I emailed the complaints and the indignant email from the VP. I copied it to the Store (corporate and the chain) where I made this purchase and explained that the vendor didn't honor their warranty unless I would agree to void it to get warranty service. If the product was a lemon or they wouldn't honor the warranty I paid for in the purchase, I wanted to return them all.
I waited for all the filings to be done. And whatever emails that might have been exchanged between the resellers and the vendor. I never heard back from that president. but got an apology from the VP, voice and in writing. And an offer to replace the UPS without modifying my warranty.
I sent the letter to all the agencies to ask advice. Could I trust this not be to a 1 time offer if others fail. I waited for answers and the VP started to contact me periodically to get me to accept the offer. She increased the offer to advance ship a replacement and send a vendor-paid shipper. The lawyer kept leaving messages.
Once I got the answers from the agencies I accepted the offer and everything was fine.
After all that business was done I did take a call from the lawyer. I can't remember why he started to call, but it wasn't for any bad reason. But the filings from the agencies made it more visible. He asked for my help to close all the open cases as some needed the complaintant's agreement that the situation was solved in a satisfactory manner to close them.
If the court is going to get into EULA's, will they get into Warranties too?
The reason I wrote all this out is, if the courts interpretation of EULA's change, it's a modification of the rights we purchased, known/understood, at the time of sale.
If everyone who is effected by a re-interpretation of EULA's for software they already own file Consumer Protection complaints, would this influence the circuit courts or future courts decisions?
randy